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The Internet Government Politics

Could the Web Not be Invented Today? 267

An anonymous reader writes " Corante's Copyfight has a piece up about this new column in the Financial Times by James Boyle celebrating (a few days on the early side) the 15th anniversary of Berners-Lee's first draft of a web page . The hook is this question: What would happen if the Web were invented today? From the article: 'What would a web designed by the World Intellectual Property Organisation or the Disney Corporation have looked like? It would have looked more like pay-television, or Minitel, the French computer network. Beforehand, the logic of control always makes sense. Allow anyone to connect to the network? Anyone to decide what content to put up? That is a recipe for piracy and pornography. And of course it is. But it is also much, much more...The lawyers have learnt their lesson now...When the next disruptive communications technology - the next worldwide web - is thought up, the lawyers and the logic of control will be much more evident. That is not a happy thought.'"
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Could the Web Not be Invented Today?

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  • by tonywong ( 96839 ) on Saturday November 05, 2005 @02:50AM (#13956377) Homepage
    Just remember that networking was not a new phenomenom before the web.

    We had Compuserve, Prodigy, Bix, eWorld, and probably a dozen other big ones that I can't recall. All of them got steam rolled by the internet because it was so 'disruptive'. One of the properties of being disruptive means upheaval and loss of a certain amount of control.

    Perhaps google will introduce the next phase of communications through wireless gateways that are free, and put cell phone providers in the category of technological has beens...who really knows what will work and what will fail until it is done?
  • Remember (Score:2, Insightful)

    by Anonymous Coward on Saturday November 05, 2005 @02:53AM (#13956386)
    Without the invention of the "Web" the world of today wouldn't be as it is. Thinking about the question at hand can lead nowhere since noone knows what a world without the Web would look like today.
  • by ReformedExCon ( 897248 ) <reformed.excon@gmail.com> on Saturday November 05, 2005 @02:54AM (#13956391)
    First, if there were no internet and someone were to "invent" it today, it would be very similar to the Internet that was created years ago. It wouldn't have much content aside from a few indexes and maybe some scientific or technical content.

    If the internet were created today, none of us would be online. We'd still be doing all the tedious tasks like making phone calls to clients and friends, and using hardbound encyclopedias and journals to find information. Newspapers would be making a ton of money selling ad space and subscriptions. Television would probably have a lot more content related to the writers' and producers' interests rather than based on viewer feedback.

    In short, if the Internet were invented today, it would not have reached us mere mortals yet. And there is no reason to think that an Internet created in 2005 would be significantly different or more advanced than the Internet created in 1974.

    The Internet itself has changed the rules of intellectual property. Without it, the media conglomerates would not be in the tizzy that they currently are in. It is precisely because of the ease of broadcast that the Internet gives us that we have media content creators trying to find ways to use the law to restrict users. In very real terms, the Internet that we are talking about here is the one created 1999 by Shawn Fanning. Until the arrival of Napster, Internet piracy was a drop in the bucket. Now it is one of the most often used features of the Internet, and it is because of that initial software that media companies sat up and took notice of all the copyrighted bits being transmitted right under their noses.
  • by flannelboy ( 344272 ) on Saturday November 05, 2005 @02:59AM (#13956403) Homepage
    I think we are overstating Lawyer's ability to figure out what the next "big thing" will actually be. They are usually late to the game, and only in a position to post-sue, rather than preventitive sue.

    I think (may be mis stating this) Napster was around for at least a year before the lawyers made their way into court. Of course, that just proves that "better late than never" is also on the lawyers play card.

    Lets hope they don't shut down the current web as we know it!
  • by MaXiMiUS ( 923393 ) <{maximius} {at} {gmail.com}> on Saturday November 05, 2005 @03:07AM (#13956421)
    .. if even so much as one babbling lawyer was told about the possibilities when it was being made. Assuming said lawyer's head didn't implode.
  • Re:Thanks Tim! (Score:5, Insightful)

    by sleeper0 ( 319432 ) on Saturday November 05, 2005 @03:12AM (#13956437)
    Tim did a good thing for sure, but it was hardly unusual for things for the internet to be written without profit in mind - it would have been crazy at the time to think there was any money to be made there outside of services. And you might want to check your timeline, tons of people were using GNU software back when USENET, UUCP and 56k leased lines ruled the day.
  • by TetryonX ( 830121 ) on Saturday November 05, 2005 @03:38AM (#13956495)
    There is no such thing as "preventive suing". You must allow the act to be committed before it can be taken to court. What happened was not that they lawyers were late, it was the RIAA/MPAA/others that were slow to realize that their business model was going to be compromised by p2p; something isn't a threat until its big and in your face. Of course, they were and still are blind to why they've been experiencing a weakened bottom line.

    Else there'd be a lot of people being sued for piracy at your 18th birthday since "Well, we figure you'll pirate SOMETIME in the future if you haven't already."

    subnote: The RIAA does not take into account that consumer spending was shifted after the stock market's y2k-bubble burst. Therefore their entire belief that 'p2p is the devil and is causing us to lose money' is moot because they were going to lose anyways- people could not afford to spend as much money (if at all) as they used to on CDs/other merchandise. Therefore they would have experienced a relatively same fall in their overall bottom line, which then they would have found something else to convieniently blame it on. I know many people who lost at least 30% of their yearly income because of the y2k-burst and no longer could afford to buy cds or any other useless crap.
  • by susano_otter ( 123650 ) on Saturday November 05, 2005 @03:45AM (#13956515) Homepage
    Oh, very differently of course. But at that point the article becomes so orthogonal to reality as to be completely meaningless and inane.

    I mean, the article is asking you to consider how a massively disruptive new communications technology would be developed, if we understood its implications in advance. The very first thing to become obvious when you consider this is that one of the fundamental principles of disruptive developments is that we do not and cannot understand them in advance.

    Might as well write an article asking us to consider what sex would be like if we started out by having the orgasm, and then moved on to intimate touching. Easy enough to consider, but so far removed from reality as to be an exercise whose brevity was exceeded only by its pointlessness. Kind of like the exercise being proposed here.
  • by Infonaut ( 96956 ) <infonaut@gmail.com> on Saturday November 05, 2005 @04:01AM (#13956556) Homepage Journal
    ... but lawyers represent the rule of law. If you've ever been in a country that doesn't have lawyers, you understand the humor in that "Oh, I think we want to keep these proceedings as pleasant as possible" comment from Pleasantville [wikipedia.org].

  • Electricity (Score:3, Insightful)

    by Dracos ( 107777 ) on Saturday November 05, 2005 @04:02AM (#13956561)

    If electricity were discovered today, it would be deemed too dangerous for the public.

  • by Jason1729 ( 561790 ) on Saturday November 05, 2005 @04:07AM (#13956566)
    Tim Berners-Lee was working at CERN in Switzerland when he invented the web. There would be absolutely no problem inventing it there today.

    Perhaps it would have been much slower to penetrate the US market, but that would not mean it couldn't exist basically as it does now.

    There have been recent articles here about how the US is slipping into a technical dark age. This is just one more example of how that's true.
  • Re:What!? (Score:1, Insightful)

    by Anonymous Coward on Saturday November 05, 2005 @07:21AM (#13956906)
    You mean like in everybody is an American until prooven a
    • communist by Joseph R. McCarthy
    • terrorist by Gorge W. Bush
    • homosexual by John Edgar Hoover
    ...many US. citizens have some kind of a minority complex...
    No, I don't like the default US. assumption that any important invention is made by an US. citizen...
  • by Anonymous Coward on Saturday November 05, 2005 @10:09AM (#13957252)
    The exact same argument can be made regarding the public library. After all, anyone who borrows a book from the library (even without making other fixed copies) deprives bookstores and authors of a potential sale. In some ways, the public library is like a old fashioned P2P program. Their goal is to disseminate knowledge and culture as fast and efficiently as possible. Some libraries participate in interlibrary loan programs, where a book can be retrieved from a peer if the library itself does not a copy of the book to lend.

    Of course, nevermind the public benefit and educational value of public libraries. The copyright industry today believes it is entitled to dictate every use of a copyrighted work, including getting paid. We're not talking about giving authors a living and incentive to create more works here. We're talking about making one work and collecting royalties on it for a century or more, while ensuring (by twisting the law) that you (as the consumer) get less value while spending more of your money to get it.

    It is only the fact that the public library's value has been demonstrated today is why going after the libraries is political suicide for the copyright industry. Because if Congresscritters had to use foresight instead of hindsight to see the benefits of the public library, then the insane interpretations of copyright by Congress and the copyright industry virtually guarantees that they wouldn't exist. The RIAA tried to kill used CD sales in the past, but failed. Just wait 10 years for the RIAA to make that depriving artists/decreasing potential revenue argument again, to a more receptive Congress.
  • by Dashing Leech ( 688077 ) on Saturday November 05, 2005 @10:14AM (#13957265)
    "Computer language - something with very clear syntax rules - is the way to go. "

    I seriously hope you are joking. There's a bunch of problems with that idea that are immediately obvious. First, the main problem is that there is no hard line "right" and "wrong" in most cases. Whys is it safe to go 64.9 mph but 65.1 mph is unsafe? That's unreasonable. However, the law has to say something because going way to fast is definitely dangerous. The "reasonableness" is often part of the law. The only way to program that is with some sort of fuzzy logic.

    Second, related to the first, is that the problem with the ambiguity of the law now is that it is, in fact, being written like computer syntax. Since there are few absolutes, all sorts of exceptions (if ... then) and variability ("reasonable") have to be built in. Ambiguities tend to be these cases. "Don't kill" is easy. Except self-defense. Except defense of a third person. If you are insane, different punishment. How abonormal do you have to be to be insane? Who judges? And so forth. That is exactly why laws are unreadable, because they try to fill loopholes and cover all cases like a computer program needs to do.

    Third, how they hell are people supposed to understand what the law says? People speak in English, they don't speak computer languages. Programmers might be able to reverse engineer it, so then the programmers would effectively become the lawyers, which in follow the second problem above, is exactly the case now. Lawyers reverse engineer the language of the law to see what it says.

    In short, computer-like syntax is the problem here already. Unfortunately, since all situations are essentially different, and there are few absolute rights and wrongs, there is no real solution that works well.

  • by Anonymous Coward on Saturday November 05, 2005 @10:25AM (#13957299)
    The next Intranet is being built by a half dozen teenage kids in their darkend bedrooms around the world.

    You know, I keep seeing variations on that phrase. But not once has any significant technology been invented by teenage kids in darkened bedrooms. It's a romantic notion, but it's also complete bullshit.

    Instead, we get disruptive technologies almost exclusively from highly trained scientists and engineers, who tend both to be fortuitously intelligent and to have worked their asses off for years to accrue the knowledge and insight upon which their inventions are based.

    Stay in school, kids.

"When the going gets tough, the tough get empirical." -- Jon Carroll

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